Parking Ticketing Limited

Coupon-mad

One last minute question... My rental agreement for the parking space states it will be my "responsibility to use the parking space within the terms of the lease and in accordance with any rules or requests of the management company relating to the use of the parking space". It also states that I have "unrestricted and exclusive use of the parking space continuously during the term of the agreement". Could this impact my appeal point 4 at all?

I think you have no worries. I believe you have NAILED the POPLA appeal. :T

Also, should I include my appeal to PTL as evidence that I did not admit to being the driver?

No need. A PPC has to show all the appeal correspondence if they contest it. I wouldn't be surpised if PTL throw in the towel against the above masterpiece example of a 'kitchen sink' POPLA appeal with all relevant and detailed appeal points and evidence too.

Make sure you tick 'other' on the POPLA page (no other boxes offered, even though stupid POPLA say you are less likely to win using 'other' because we believe the BPA told them to say that). Attach all your evidence and the appeal PDF, one by one, uploading them and double checking each one appears as a 'packet' icon as you go. Double check MAINLY that the appeal PDF is the first one attached, to be sure you have included it.

The website is odd. I sent 3 appeals last night for a friend and still grappled with the stupid webpage I had used hundreds of times before.

dazster

Yet another thread where the PPC tail is wagging the lawful occupier dog. Like I said above, this is all froth. You have an agreement with the land owner to rent his parking space, you pay for it monthly, you are the lawful occupier of the land. Who gives a stuff what guidelines have been issued or what has been decided by the management company or agreed with the residents' association or anything really? You are not a party to any of that and none of it alters the simple fact that it's your bloody space. Ponce about with PoPLA all you want but it doesn't alter the simple fact that you should be suing them (the management company and PTL), not the other way around.

mrsunnybunny

Thanks all. I did one last edit stating under point 2 explaining that notwithstanding the other points, no contract being in place with PTL, and me having unrestricted use of property, my rental agreement was entered into well before PTL was operating on the premises or had any agreement to do so. Therefore my rental agreement clearly takes precedent.


Not sure if this is worth mentioning but the yellow fine envelope on the window said that it was illegal for anyone but the driver to remove the notice? Surely, this by itself must be unlawful as the owner of the car (who may not be the driver) will have the right to do whatever the !!!! he wants with his car!

trisontana

mrsunnybunny wrote: »

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Not sure if this is worth mentioning but the yellow fine envelope on the window said that it was illegal for anyone but the driver to remove the notice? Surely, this by itself must be unlawful as the owner of the car (who may not be the driver) will have the right to do whatever the !!!! he wants with his car!

That's just another ploy by the parking company to try and pretend this is some sort of official ticket. I have raised this "prosecution" point with the BPA and asked them what the "crime" would be. They replied it would be classed as theft! I then asked them if this any other bits of paper left on a car (such as an advertising flyer) would also come under this "law", and they said yes. Just shows you how stupid the BPA are.

Umkomaas

Standard PPC yellow envelope dressed up to impersonate a real parking penalty envelope. They all do it. I've never seen POPLA make anything of it, but throw it in of you wish, it won't harm your case.

mrsunnybunny

trisontana wrote: »

That's just another ploy by the parking company to try and pretend this is some sort of official ticket. I have raised this "prosecution" point with the BPA and asked them what the "crime" would be. They replied it would be classed as theft! I then asked them if this also any other bits of paper left on a car (such as an advertising flyer) would also come under this "law", and they said yes. Just shows you how stupid the BPA are.

Thanks, best not include it then. This is utterly ridiculous. I really don't understand how these scams can be permitted by UK regulators and the law.

Same goes for rental rights, property agents, property developers, bus lane cameras, and the like! Bloody had enough

Redx

mrsunnybunny wrote: »

Not sure if this helps, but I noticed that the car was untaxed at the time of the PCN. It was stationary in the garage on private grounds, so not an issue in terms of DVLA. Question is whether I can use it in the appeal - can an untaxed car be fined for parking on private land?

not sure how you could know this unless the owner told you it was untaxed, in which case the owner would have declared it SORN and in any case its nothing to do with anyone other than the police, the DVLA and the owner, certainly not a private parking company

if you were referring to the "tax disc", they scrapped those some time ago so ignore any "tax discs" that may still be displayed

no its got nothing to do with PTL , or POPLA either , so concentrate on what DOES matter as detailed above

the DVLA can fine the owner if its untaxed and not declared SORN, but thats between the 2 of them

mrsunnybunny

Thanks all, I am going to submit the appeal tonight.

On a separate note, what can I do to give the management company hell? They have been ignoring my requests to get this cancelled and also ignored my request for explanations and a copy of their contract with PTL.

I want to make their life as difficult and miserable as possible, in particular because they receive 10% of monies collected from fines

dazster

Dear Management Company,

Please find enclosed a copy of the agreement by which I rent parking space ????? (which agreement, you will note, pre-dates any arrangement you have made with Parking Ticketing Limited concerning this site).

It is clear from this agreement that I am the lawful occupier of this parking space. By entering the space your agent, Parking Ticketing Limited, is trespassing. It is also committing a private nuisance by sending me unwarranted demands for money and interfering with my rights over the parking space.

I now demand that your agent cease and desist from these tortious acts. Any repetition leaves you, as principal, open to an action for damages and an injunction. I await your confirmation that you have instructed Parking Ticketing Limited accordingly.

Note carefully: this presumes that the party you are renting the space from has tenure over the space such that they CAN let it to you. If they are unlawfully sub-letting the space you could be creating a world of trouble for them and you by highlighting the fact!

You might also consider covering your number plates whenever your vehicle is parked.

mrsunnybunny

Thanks for that! Did some background digging and it seems that the management company has a clause in their agreements with owners preventing them from letting parking spaces separately from apartments... So I may just leave it at that and raise issues through the residents asssociation instead, raising awareness of the scam going on.